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NDA
The Dust 514™ Closed Beta is was under strict NDA that does not allow any information to be disclosed by Beta partisipents that has not been publically announced by CCP Games. However since the EVE Online test server Singularity was not covered by NDA, information on most of the items in the game could be gained through looking at the Infantry Gear section of the EVE Online market, these market entries however had no statistics on the page. As of the 22nd of January 2013, NDA was lifted in parallel to open beta release, meaning all statistics can be shared. If any pages still contain "NDA" in the place of actual data; editors are encouraged to remove the "NDA" and replace it with the relevant data for the item/place/character/etc. Non Disclosure Agreement PLEASE NOTE: AS OF 22nd January 2013; the NDA has been lifted, and is void. ---- CCP CONFIDENTIALITY AGREEMENT CCP hf. is offering you the chance to participate in Private Trials testing of its game DUST 514 (the “Game”). To participate in the Private Trials testing program, you must read and accept the terms of this confidentiality agreement (this “Agreement”) by clicking the “ACCEPT” button. The terms of this Agreement must be accepted together with the End User License Agreement and related Terms of Use. Please read this Agreement closely. If you fail to click the “ACCEPT” button, or if you otherwise access or use the Game without clicking the “ACCEPT” button, you will be deemed to have accepted this Agreement and will be bound by its terms and conditions. You also choose to accept and be bound by the terms of this Agreement every time you enter or re-enter the Game. If you do not agree to the terms of this Agreement, do not install or use the Game. CCP hf. (“CCP”) desires to engage you as a voluntary participant (“Participant”) to review and evaluate the Game prior to its commercial release, to identify program errors, and to provide feedback regarding the Game (collectively, the “Private Trials Evaluation”). As a Participant, you will be given access to certain Proprietary Materials (as defined in Section 2 below) for the limited purpose of conducting the Private Trials Evaluation. Subject to the terms and conditions of this Agreement, CCP is willing to loan Participant a copy of the Game prior to the Game’s commercial release (the “Private Trials Copy”). NOW THEREFORE, CCP and Participant agree as follows: 1. Participant Feedback In exchange for the Private Trials Copy, Participant agrees to review, evaluate, and provide feedback and suggestions to CCP regarding Participant’s experiences using the Private Trials Copy, as reasonably requested by CCP or as voluntarily provided by Participant (collectively, the “Feedback”). All rights, title, and interest in and to the Feedback shall be and remain the sole property of CCP. Participant grants CCP the perpetual, worldwide, and irrevocable right to use, reproduce, display, distribute, modify, or otherwise communicate, and publicly display and perform any Feedback provided by Participant in any form, with or without attribution to Participant, in CCP's sole discretion, and without any notice or compensation to Participant of any kind. Participant represents and warrants that Participant has the right to enter this Agreement; that any Feedback provided to CCP shall be the original work of Participant; and that any Feedback does not infringe the intellectual property rights of any third party. If Participant desires to provide any services to CCP or otherwise license any technology to CCP, a separate written agreement signed by both parties will be required. 2. Proprietary Materials In addition to the Private Trials Copy, Participant may be given certain additional Proprietary Materials (as defined below) of CCP to perform the Private Trials Evaluation. Participant agrees to keep confidential and not disclose any Proprietary Materials received in connection with the Private Trials Evaluation. For purposes of this Agreement “Proprietary Materials” means all Confidential Information and all Trade Secrets. The term "Confidential Information" means information provided by CCP, to the extent not considered a Trade Secret under applicable law, that (i) relates to CCP’s business, (ii) possesses an element of value to CCP, (iii) is not generally known to CCP’s competitors, and (iv) would damage CCP if disclosed. Confidential Information includes, but is not limited to, (i) the composition, description, schematic or design of products and future products, (ii) communication systems, audio systems, system designs and related documentation, (iii) advertising or marketing plans, (iv) future business plans, and (v) information concerning CCP’s methods and procedures of operation. Confidential Information also includes information provided by third parties to CCP. For purposes of this Agreement, "Trade Secrets" means information of CCP that derives economic value by not being readily known or ascertainable by the public. Trade Secrets consists of any item treated as a trade secret under applicable law, including (but not limited to) technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, and product plans. 3. Covenants of Participant 3.1 Participant represents and warrants to CCP that: (a) Participant will not access or use the Private Trials Copy or any of the other Proprietary Materials other than for the Private Trials Evaluation and in strict compliance with the provisions of this Agreement; (b) Participant will not copy, reproduce, disseminate or otherwise disclose the Private Trials Copy and other Proprietary Material, and will use his or her best efforts to prevent unauthorized access to, reproduction of, disclosure of, and/or unauthorized use of, the Private Trials Copy and other Proprietary Materials; © Participant will not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Private Trials Copy, or any part thereof, to the maximum extent this restriction is permitted under applicable law; (d) Participant will not alter, modify or create a derivative work of any Private Trials Copy in any manner, nor remove any copyright notice, trademark notice, and/or other proprietary legend or label set forth on or contained within the Private Trials Copy or the other Proprietary Materials. (e) Participant will keep all copies of the Private Trials Copy on a computer that is password protected; (f) Participant will not store the Private Trials Copy or any other Proprietary Materials on a central server or other shared computer; (g) Participant will carry out the Private Trials Evaluation personally and will not provide access to the Private Trials Copy and other Proprietary Materials to any other person; (h) in the event of any breach of any of Participant’s covenants herein that compromises the security or confidentiality of the Private Trials Copy or other Proprietary Materials, Participant will immediately report any such breach to CCP in writing, along with the details of such breach; At such time as the product contained on any particular Private Trials Copy is released into general distribution by CCP or is otherwise disclosed to the public through no fault of Participant, then Participant will have no further obligation under this Agreement to maintain the secrecy of the product on that particular Private Trials Copy, though Participant will remain bound to all of the other obligations and restrictions set forth in this Agreement with respect to Proprietary Materials and Participant’s handling and return of such Private Trials Copy. 3.2 Participant Acknowledgements (a) Participation in the Game’s Private Trials Evaluation is purely voluntary and no compensation of any kind will be provided to Participant in exchange for Feedback or any other for services as a volunteer tester. Participant may stop being a volunteer at any time. (b) Participant acknowledges the Private Trials Copy is Private Trials-version software that is not complete, has not been fully-tested by CCP, and is not ready for sale to the general public. The Private Trials Copy may have bugs and other problems that make it unplayable, and that could potentially cause damage to Participant’s computer equipment. Participant agrees that, to the maximum extent permitted by applicable law, CCP and its affiliates disclaims all liability to you for any problems you have regarding the Private Trials Copy or your participation in the Private Trials Evaluation, or for any damage that the Private Trials Copy may cause. 4. Ownership of Intellectual Property Rights CCP owns all rights, title and interest in and to the Proprietary Materials and the Private Trials Copy, any and all modifications, enhancements and derivative works thereof, and all Intellectual Property Rights (as defined herein) embodied therein and/or related thereto as may be further set out in any EULA, Terms of Service, or other agreement issued by CCP to the Participant. As used in this Agreement, “Intellectual Property Rights” means patent rights, copyright (including without limitation rights in audiovisual works and moral rights), trademarks, service marks, trade names, trade secrets, know-how, rights in registrations and applications for any of the foregoing rights, rights in trade dress and packaging and other intellectual property rights now known or hereafter recognized by the law of each applicable jurisdiction. 5. Public Information Notwithstanding anything to the contrary contained herein, Participant shall be under no obligation to maintain the confidentiality of any Proprietary Materials if Participant can demonstrate: (a) such information was known by Participant prior to the disclosure thereof by CCP; (b) such information properly came into the possession of Participant from a third party which, to the best of Participant’s knowledge, was not under any obligation to maintain the confidentiality of such Proprietary Materials; © has become part of the public domain through no act or fault on the part of Participant; (d) is independently developed by Participant; or (e) has been approved for release by written authorization of CCP. 6. Indemnification Participant will indemnify and hold CCP harmless from and against all claims, losses, liabilities, damages, expenses, and costs (including, without limitation, reasonable fees for attorneys and expert witnesses) which result from any breach or alleged breach of any of Participant’s covenants, representations, warranties or obligations herein, provided, however, that this indemnification obligation shall not be conditioned on any demonstration of the truth of the facts or circumstances alleged by the third party. 7. Equitable Relief Participant acknowledges and agrees that the Private Trials Copy and other Proprietary Materials constitute valuable trade secrets of CCP, and that any unauthorized reproduction, use, and/or disclosure of such materials by Participant shall cause CCP irreparable harm for which its remedies at law would be inadequate. Participant agrees that CCP shall be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to prevent the breach or threatened breach of any of Participant’s obligations hereunder. 8. Termination of Private Trials Evaluation Period Participant acknowledges that any Private Trials Copy furnished by CCP under this Agreement is being loaned by CCP to Participant for a limited period of time commencing upon the execution of this Agreement by both parties and continuing in full force and effect until a date to be designated by CCP (the “Term”). CCP may discontinue the Private Trials Evaluation program at any time for any reason. At the end of such Term, and at any time upon CCP’s written request, Participant shall immediately return the Private Trials Copy (if applicable) and all other Proprietary Materials to CCP. 9. Governing Law and Venue The validity, construction, and performance of this Agreement shall be governed by the substantive laws of the State of Georgia and of the United States of America, excluding that body of law relating to choice of law. Any action or proceeding brought to enforce the terms of this Agreement shall be brought in the County of Fulton, State of Georgia (if under State law) or the Northern District of Georgia (if under Federal law), and the parties hereby consent to the exclusive jurisdiction and venue of such courts. In the event of any legal proceeding between the parties arising from this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its reasonable and documented costs and expenses incurred in any such proceeding, including, without limitation, its reasonable fees for attorneys and expert witnesses. 10. Assignment Participant may not assign this Agreement, nor may any of Participant’s rights hereunder be assigned or otherwise transferred to any third party, including by operation of law, without CCP’s prior written consent. Any attempted or purported assignment or other such transfer by Participant to any third party without such consent having first been obtained shall be void. Subject to the foregoing, this Agreement shall be binding upon the parties and shall inure to the benefit of their respective successors and permitted assigns. 11. Warranty Disclaimer PARTICIPANT ACKNOWLEDGES THAT THE PRIVATE TRIALS COPY IS PROVIDED FOR EVALUATION PURPOSES ONLY AND IS DELIVERED “AS IS.” CCP DOES NOT WARRANT THAT THE OPERATION OF THE PRIVATE TRIALS COPY WILL BE ERROR-FREE, THAT THE PRIVATE TRIALS COPY WILL EVER BE COMPLETED OR COMMERCIALLY AVAILABLE, OR THAT THE PRIVATE TRIALS COPY WILL OPERATE IN COMBINATION WITH OTHER HARDWARE OR SOFTWARE. CCP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. 12. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CCP SHALL NOT BE LIABLE TO PARTICIPANT OR ANY OTHER ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THIS AGREEMENT OR THE PRIVATE TRIALS COPY OR OTHER PROPRIETARY MATERIALS PROVIDED HEREUNDER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CCP’S AGGREGATE LIABILITY TO PARTICIPANT UNDER THIS AGREEMENT EXCEED FIFTY US DOLLARS (US$50.00). 13. General Provisions Should any provision of this Agreement be determined to be void, invalid or otherwise unenforceable by any court or tribunal of competent jurisdiction, such determination shall not affect the remaining provisions hereof which shall remain in full force and effect. No modification of any of the provisions of this Agreement shall be valid unless in writing and signed by both of the parties. No waiver of any of the provisions of this Agreement shall be binding unless signed by the party against whom such waiver is sought to be enforced. Any waiver by either party of any provision of this Agreement shall not constitute a waiver of any other provision of this Agreement, whether or not similar, nor shall any waiver constitute a continuing waiver. The obligations set forth in Sections 2 through 13 shall survive the termination of this Agreement for a period of three years. Notwithstanding the foregoing, the obligation to maintain confidentiality of Trade Secrets shall apply as long as such item is treated as a trade secret under applicable law. Category:Browse Category:Legal